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A93107 An exact collection of choice declarations, with pleas, replications, rejoynders, demurrers, assignement of errours and the entries of judgments thereupon affirmed. / Collected by VV. S. one of the clerks of the upper bench office : in the reignes of Queen Elizabeth, King James, and the late King Charles. Diligently perused, and translated into English, for the benefit and helpe of young clerkes. With an exact table, wherein may be found the principall matters contained in the whole book. W. S., One of the clerks of the Upper Bench Office.; J. W.; Sheppard, William, d. 1675?, attributed name.; Small, William, 17th cent, attributed name. 1653 (1653) Wing S3185; Thomason E210_1; ESTC R10408 294,804 288

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B. the Brother the said Moity of the said Tenements which was of his the said G. B. according to the said Custom of Gavelkind descended unto the said I. B. and unto one R. B. as Kin and Heirs of the whole bloud of the said G. B. c. namely as Sons of H. B. Brother of T. B. Father of the said T. Father of the said T. B. the Son and G. B. by which they the said I. B. and R. B. before the said time in which c. into the said Moity of the said Tenements entred and thereof were seized in their Demesn as of Fee and so thereof being seized before the said time in which c. thereof Infeoffed the said I. M. To have to him and his Heirs for ever by vertue of which said Feoffement the said I. M before the said time in which c. demised the said Moity unto the said I. B. for the said Term of two years yet in being as the same I. B. before hath alleged by vertue of which said demise the said I. B. of that Moity was possessed untill the said I.C. at the said time in which c. chased the said Horse out of the 20. Acres of Land as the said I. B. before complaineth Without this that it hath or from the time of which memory is not it had any such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whatsoever Parent begotten should be inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the said County and either of those Heirs should dye without Heir of his body seized of his purpart of such like Inheritance that then the other Heir Coparcener of the same Heir surviving might inherit and by all the said time was inheritable and hath inherited and ought to inherit according to that Custom that purpart of all the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so dying without Heir of his body as the said H.C. before in pleading hath alleged And this c. whereupon from which the said H. C. the said Trespass being acknowledged prayeth judgement and his damages by reason of the said Trespass before acknowledged prayeth judgement and his damages by occasion of that Trespass to be adjudged unto him c. Issue upon Custom And the said H. C. as before saith that it hath and from the time which memory doth not remain it had such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whomsoever begotten were inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County and either of those Heirs should dye without Heir of his body seized of his put part of such like inheritance that then the other Heir Coparcener of the same Heir superviving might inherit and by all the time aforesaid was inheritable and hath inherited and ought to inherit according to that Custom the purpartie of all the Lands and Tenements of the said tenure and nature of Gavelkind of the said other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so without Heir of his body dying as the said H. before in pleading hath alleged Enter the Court will advise before the Ven ' fac ' adjudged and a speciall rendting of his Judgement thereupon in which they were before to confer with the Justices of the Bench and a Writ of Ven ' fac ' of the body of the County of Kent should be awarded And of this he putteth himself upon the Country and the said I. B. likewise And because the Court of the Lady the Queen hereof c. issues aforesaid between the said parties before joyned will advise before any Writ of Venir fac ' to the Jury to try the issue should be adjudged day is given to the said parties before the Lady the Queen in what State now untill in 8. days of St. Hillary whensoever c. then to attend and hear the Order or Judgement of the said Court of and upon the premises for that that the Court of the Lady the Queen thereof c. At which day before the Lady the Queen at Westminster commeth the said parties by their said Attorneys And c. And so it was continued by 10. Terms then next following c. And in this thing the inspection and view diligently aswell the said issues as in all and singular the premises by the Court of the Lady the Queen of the Bench is to be had and consulted with for that the Tryall of the said Issue doth touch and concern the Comunalty of the said County and it is the Custom that a Writ to call a Jury to try that Issue of the body of the said County of Kent should Issue forth and should be directed to the Sheriff of the same County by which the command is to the Sheriff of the same County that he should cause to come before the Lord the King in 8. dayes of St. Hillary wheresoever Ven ' fac ' of the body of the County of Kent awarded c. 24. aswell Knights c. of the body of the said County by whom c. And who neither c. to recognize c. because aswell c. the same day is given to the said parties there c. AND the said W. saith Plaintif saith that he held the said twenty acres of Land of the said Prior by Fealty Sure of Court and the rent of four shillings and for that rent behind the said Priaccustomed to distrain Without this that the Prior was seized of the Rent-charge as c. that the said R. B. the taking of the said Cattell and Chattells in the said place in which c. ought not to acknowledge just c. because he saith that he himself was seized of the said Ten acres of Land with th' appurtenances in his Demesn as of Fee and so thereof seized the same twenty acres of Land with th'appurtenance held of the aforesaid T. late Prior of the said Church by Fealty and Sute to the Court of him the said late Prior of his Mannor of I. in C. aforesaid to be held from three weeks to three weeks and by the Rent of four shillings unto the said late Prior at the Feast of St. Michael th'Arch-Angell yearly to be paid And the said W. M. and all those whose estate he hath in those twenty acres of Land held those twenty acres of Land with th' appurtenances of the said late Prior and his Predecessors heretofore Priors of the said Church by that Service and Rent in the right of the said Church from time out of mind held and by all the said time the said late Prior and all
dayes of St. Michael wheresoever c. 24. c. of the visonage of H. by whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid c. And as to this that the aforesaid W. allegeth that there is had such a Record in which is contained that he together with other c. were sworn c. And calls that to be upon Record in the Rols of the aforesaid late Iustices of the Peace under the custody of the Iustices of the Peace of our Lord the King that now is in the County aforesaid residing It is said by the Court here that the same W. have that Record at his Perill before our Lord the King at the aforesaid dayes of St. Michael if it shall seem expedient unto him and upon this the same W. prayes a Writ of certiorare c. And it is granted unto him By which command is to the same Justices of our Lord the King that now is that having searched the Rols and other their Remembrances in their custodie being of Record and what thereupon of the premises they shall find in them to our Lord the King at the aforesaid eight dayes of St. Michael they send the same day is given to the parties aforesaid c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the aforesaid Thomas Dorham lately Iustice of the Peace of the aforesaid late King and Iustice of the peace of our said Lord the King that now is to whom the Writ of our Lord the King that now is was directed to certifie c. To him the said Lord the King hath certified as followeth In the Inquisition c. And as to that that it was commanded the Sheriff that he should cause to come between the said R. and I. 24. c. to make the Iury aforesaid And the Sheriff returns the names of the 24. whereof none c. Therefore command is given to the Sheriff that he destrein them c. that they be before our Lord the King in eight dayes of St. Hilary wheresoever c. to make the Iury aforesaid the same day c. that is to say aswell to the aforesaid I. thereupon as to the said W. in the state they are now in of hearing the aforesaid certifying because the Court is not advised c. A Declaration in the nature of Conspiracy for cousening one to be falsly Indicted for a common Barenton Trin. 1. Jacobi Regis Rot. 869. LOndon ss William Berkwith complains of R. P. L. G. and E. M. in the custody of the Marshall c. for that whereas the same W. was a good true and lawfull c. And of a good name same and reputation c. and without any crime of Baretory seditiousness or causer of any Murder Manslaughter or disturber of the peace of our Lord the King untouched unaccusused and unspotted hath hitherto remained By reason whereof c. yet the aforesaid Defendants not ignorant of the premises plotting c. such a day and year at London in the Parish of St. Laurence in the old Iury London in the Ward of Cheap London before R. Salstonstall then Maior of the City aforesaid W. VVeb and I. Spencer Knights Iustices of our Lady the Queen for the keeping of the peace in the Citie aforesaid and the Suburbs of the same as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours within the same City and the Suburbs thereof made and committed falsly and maliciously they caused and procured to be Indicted for that he the aforesaid Plaintiff such a day and year aforesaid having not God before his eyes but moved and seduced by a diabolicall instigation at London that is to say in the Parish of St. Sepulchers without Newgate in the Ward of Farington without in the Suburbs of the City of London aforesaid and divers other dayes and seasons aswell before as after that time within D. aforesaid was and yet is a very evill person of dishonest name fame and conversation a common Baretor and a great disturber of the Peace of our Lady the Queen so that he is very like to make and cause murder manslaughter strifes discords and other great grievances between the true and faithfull subjects of our Lady the Queen that now is to the great damage and hurt of the good and faithfull subjects of our said Lady the Queen and to the most pernicious example and evill encouragement of all other Malefactors in the like kind and against the peace of our said Lady the Queen her Crown and dignities as also against the form of the Statute in the like case published and provided Upon which afterwards command was to the Sheriffs of London by the Writ of our Lady the Queen that they should cause the aforesaid W. to come before the Justices of our Lady the Queen at the Gaol delivery of Newgate held for the City of London at the Justice Hall in the Old Baly in the Parish of St. Sepulchers in the Suburbs of the City aforesaid on Wednesday the 15. day of February in the 40. l. year aforesaid before R. Salstonstall Maior of the City aforesaid John Popham Knight chief Justice of the Pleas c. E. Anderson Knight chief Justice of the Common Bench Francis Darcy Knight R. Martyn Knight I. Hart Knight W. Web Knight John Croke Recorder of the City aforesaid S. Somes and N. Moseley Aldermen of the City aforesaid M. Dale and I. Dalton Esquires Justices of the Lady the Queen assigned for her Gaol delivery of Newgate aforesaid of the Prisoners therein being the aforesaid Plaintiff under the Custodie of H. Rowe and I. Moore Aldermen and Sheriffs of the City aforesaid at the Bar then and there brought in proper person before the aforesaid Iustices and then and there had to hear the Indictement aforesaid said that he of the Trespass and contempt in the Indictement aforesaid above specified was in nothing thereof guilty as in the Indictement aforesaid was supposed and of that he then put himself upon the Country and the aforesaid Queen in like manner c. Therefore it was commanded the aforesaid Sheriff of the City aforesaid that they cause to come before the Iustices aforesaid thereupon a Iury there immediatly and who neither c. To Recognize c. Because aswell c. And the Iurors of that Iurie by the aforesaid Sheriffs of the City aforesaid to that impanelled and called in like manner then and there came to wit I. L. T. R. c. and so recite the Iury who to speak to the truth of the premises in the Indictment aforesaid specified being chosen tryed and sworn said upon their oaths that the aforesaid Plaintiff was not guilty of the Trespass and contempt aforesaid in the Indictement aforesaid specified as by the same testimony was supposed Therefore it was then considered by
the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuance● of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Reto●●s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
to the aforesaid R.W. To have and to hold to him and his assignes from the aforesaid feast of St. Michael the Arch-angel from thence next following unto the end and terme aforesaid By vertue of which demise hee the said R. W. was thereof possessed and so being thereof possessed the aforesaid such a day and year and place made his last Will and Testament in writing and by the same willed and declared that the aforesaid Elizabeth his wife immediatly after his decease should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid with the appurtenances and after the same R.VV. dyed after whose death the aforesaid E. into the Tenements aforesaid entred and was thereof possessed and so being thereof possessed afterwards to wit the aforesaid tenth day of M. in such a yeare aforesaid the same E. tooke to husband the aforesaid Defendant By which the same Defendant was of the Tenements aforesaid with the appurtenances possessed as he above hath alleadged and hee being so thereof possessed the aforesaid R.E. and VV.L. before the time wherein c. at London in the Parish c. dyed after whose death the same Plaintiffes before the said time wherein c. into the Tenements aforesaid with their appurtenances did re-enter and were thereof seized in their demesne as of fee to the use aforesaid by right accruing c. And further the same Plaintiffes say that the Trespasse aforesaid whereof they now complaine was made in the Mid-time between the aforesaid Feoffement by the aforesaid I. A. to them the said Plaintiffes and the aforesaid R.E. and VV.L. of the Tenements aforesaid with the appurtenances in forme aforesaid made and the said Re-entry of them the said Defendants in the same and this c. VVhereupon for that the aforesaid Defendants the Trespasse aforesaid in the Tenements aforesaid above acknowledged they the said Plaintiffes pray judgement and their damages by occasion of that Trespasse to bee adjudged unto them c. The Defendant maintaines his Plea and tracurses the Feoffeoment AND the aforesaid Defendant sayes that before the said time wherein the Trespasse aforesaid was supposed to be made the aforesaid I. A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit the aforesaid three and twentieth day of S. in the aforesaid such a year at S. aforesaid demised the same Tenements with the appurtenances to the aforesaid R.VV. to have and to hold to him the said R.W. and his assignes from the aforesaid feast of St. Michael the Archangel then next following unto the end and terme aforesaid By vertue of which demise he the said R.W. was thereof possessed and so being thereof possessed the aforesaid such a day year and place made his last Will and Testament and by the same willed and declared that the aforesaid Elizabeth his wife immediately after the decease of him the said R.W. should have his whole state terme and interest which he then had to come of and in the Tenements aforesaid with the appurtenances and afterwards the same R.W. at S. aforesaid dyed after whose death the aforesaid Elizabeth was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. at S. aforesaid took to husband the same Defendant By which the same Defendant before the said time wherein c. into the Tenements aforesaid with the appurtenances did enter and was thereof possessed as hee above hath alleadged Without that that the aforesaid I. A. before the aforesaid such a day and year enfeoffed the aforesaid Plaintiffes and others of the Tenements aforesaid with the appurtenances The traverse of the Feoffement To hold to them and their heires for ever to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as the aforesaid Plaintiffes above have alleadged And this c. VVhereupon he prayes judgement And that the aforesaid Plaintiffes may be debarred from having their action aforesaid against him c. AND the aforesaid Plaintiffes as formerly Issue upon the Traverse say that the aforesaid I.A. before the aforesaid foure and twentieth day of S. in the aforesaid such a yeare enfeoffed them the said Plaintiffes and the aforesaid R.E. and W. of the Tenements aforesaid with the appurtenances to hold to them and their heires to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as they above have alleadged And this they pray may be enquired of by the Country And the aforesaid Defendants in like manner c. Therefore it is commanded the Sheriffe that he cause to come c. AND the aforesaid T.P. by R. F. his Attorney comes and defends the force and injury when Iustification in Trespasse for the taking of goods by pretext of gift from the Plaintiffe to the Defendants wife while she was sole c. And as to the coming by force and arms c. not guilty And as to the residue c. the same T. not acknowledging himselfe to have taken and carried away so many goods or chattels nor that the goods or chattels were of so much value as by the Writ and Declaration aforesaid is supposed saith that the aforesaid I. E. ought not to have his action aforesaid against him because he saith that the aforesaid I. before the said time wherein the Trespasse aforesaid is supposed to be made to wit such a yeare and place gave to one A. the wife of the aforesaid T. the goods and chattels aforesaid to hold to him and his assignes for ever By vertue of which said gift the same A. was thereof possessed and afterwards tooke to husband the same Defendant And that the aforesaid A. was possessed of the goods and chattels aforesaid at the time wherein the aforesaid Defendant took her to wife By which the same Defendant the goods and chattels aforesaid as his own proper goods and chattels at the time wherein the Trespasse aforesaid was supposed to bee done at R. there found tooke and carried away as it was lawfull for him to doe And this hee is ready to averre Whereupon hee intendeth not any injury in that behalfe should be assigned to his person c. The Plaintiffe said that the wife of the Defendant while she was sole give backe to him the goods AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that he by any thing pre-alleadged ought not to be debarred from having his action aforesaid against him c. because he saith that before the aforesaid time wherein c. there was certaine communication had between him the said Plaintiffe and the aforesaid A. of Matrimony between them to be contracted And thereupon the aforesaid A. him the said Plaintiffe treated with such flattering and dissembling
Trespasse aforesaid supposed to be done entred upon which said T.B. possession thereupon the aforesaid T. A. and W. as the servants of them the said F. and I. and by their commandement the aforesaid time wherein c. into the same Tenements with the appurtenances re-entred and the close aforesaid then there broke and the corne and grasse then there growing did tread downe and consume continuing that treading downe and consumption in forme aforesaid as it was lawfull for them to do And this c. Whereupon c. Whether action c. The Plaintiffe Assigns Trespasse anew AND the aforesaid T.R. sayes that he by any thing by the aforesaid T.A. and VV. pre-alleadged ought not to be debarred from having his action aforesaid against them of the Trespasse aforesaid made because he saith that the place in which the Trespasse aforesaid whereof he above now complaineth is and the said time wherein c. was two hundred acres of Lands in R aforesaid called Fatherfeild Thistlecrosse and Churchfield other then the Tenements aforesaid in the aforesaid barre of them the said T.A. and VV. specified VVhereupon for that the aforesaid T.A. and VV. to the Trespasse aforesaid in the aforesaid two hundred acres of Land answer not he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid in the aforesaid two hundred acres of land anew assigned supposed to be done The Defendants justifie the Trespasse in the lands anew assigned for certain way from their houses to the Church say that the aforesaid T.R. ought not to have or maintain his action aforesaid against them c. because they say that the aforesaid T.A. and W. are and the aforesaid time wherein c. were seized of one Messuage with the appurtenances in R. aforesaid in their demesne as of Fee and that they and all those whose estate the same T.A. and W. have in the same Messuage with the appurtenances were accustomed to have a certaine way from the said Messuage unto the Parish Church of R. over and upon the aforesaid two hundred acres of Land from the time out of mind c. By which the same T.A. and W. the aforesaid time wherin c. into the aforesaid two hundred acres of Land entred using their way aforesaid in the same as it was lawfull for them to doe which is the same trespasse of breaking the Close aforesaid and treading downe and consuming the grasse aforesaid in the same two hundred acres of Land whereof the aforesaid A. B. above against them complaineth And this c. whereupon they pray judgement whether the aforesaid T.B. ought to have and maintaine his action aforesaid against them c. ANd the aforesaid T.B. saies that he by any thing before alledged ought not to be deba●red from having his action aforesaid against them The Plaintiff by protestation saies the Defendant had no way for plea that they trod down the grasse out of the way because by protestation that the aforesaid T. A. and W. and all they whose state the same A.T. and W. have in the Messuage aforesaid have not had nor were accustomed to have the way aforesaid from the Messuage aforesaid to the Church aforesaid over and upon the aforesaid two hundred acres of Land in the aforesaid last bar specified from the time out of mind c. as they above by pleadings have alledged for plea he sayes that he the same T.B. was of the aforesaid two hundred acres of Land with the appurtenances long before the said time wherein c. seized in his demesne as of Fee untill the aforesaid T. A. and W. by force and armes aforesaid the Close aforesaid in the aforesaid two hundred acres of Land did breake and the come and grasse aforesaid out of that way growing did tread downe and consume in manner and forme as the same T. B. above by pleading hath alledged and this c. whereupon he prayes judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid out of the way aforesaid in the aforesaid two hundred acres of Lands supposed to be made say that they are nothing thereof guilty And of this they put themselves upon the Country and the aforesaid T.B. in like manner c. The Defendants justifie the taking of a Mortuary by vertue of a Demise to them of the Rectory c. Trin. 21. Hen. 7. Rol 62 ANd the aforesaid R. P. and W. P. by A. B. their Attorney come and defend the force and injury when c. and as to the coming by force and armes or whatsoever c. not guilty c. and as to the residue c. the same R. and W. say that the aforesaid plaintiffe ought not to have his action c. because they say that one L. Prior of the house and Church of the blessed Mary and St. Thomas the Martyr of the now place near Guilford is and the said time wherein c. was Parson imparsonate of the Church of Ewel aforesaid and that he and all his Predecessors Priors of the house aforesaid from the time out of minde c. were Parsons of the same Church imparsonate in the same And that he and all his Predecessors aforesaid Parsons of the Church aforesaid by the whole time aforesaid were used and accustomed to have of every person within the Precinct of the Parish of Ewel aforesaid dying to whom the Sacraments and holy things at the time of his death are administred or administrable one living Beast of the same so dying person if the same dying man have beasts at the time of his death or before or the best thing of him the said so dying man if he have no living beasts at the same time in the name of a Mortuary for the holy things to him so dying to be celebrated And that the aforesaid Prior and all his Predecessours aforesaid Parsons of the Church aforesaid from the whole time aforesaid were used and accustomed to take and seize such Mortuary so happening to whose hands soever they should come And the same R.P. and VV. say that the aforesaid now Prior long before the said time wherein c. that is to say such a day and yeer at Ripley in the County aforesaid demised to the aforesaid R.P. the Rectory of Ewel aforesaid with all fruits oblations offerings glebes lands and other their appurtenances whatsoever To have and to hold to him the said R.P. and his Assigns untill the end and terme of one and twenty years from thence next following and fully to be compleat By vertue of which Demise the aforesaid R.P. long before the said time wherein c. was of the Rectory aforesaid and other the premises with their appurtenances possessed And hee being so thereof possessed after and before the said time that is to
lost afterwards to wit such a day yeare and place to the hands and possession of the aforesaid I. C. by finding came yet the aforesaid I. C. knowing the writing aforesaid to bee the proper writing of him the said R. and to him the said R. of right to belong and pertaine plotting and contriving him the said R. wholly to debarre and exclude from the recovery of the aforesaid two hundred pound That writing to him the said R. although afterwards to wit such a day yeare and place hee hath beene thereupon required hee hath not delivered but that writing to deliver to him the said R. hitherto hee hath altogether refused and the writing aforesaid and the profit thereupon comming afterwards to wit such a day yeare and place to his the said I. C. proper use and profit hee hath converted and disposed to the damage of him the said R. three hundred pound And thereupon hee brings his Suit c. Tr●ver for a Ring Sur. I. G. complaines of G. C. in the custody of the Marshall c. for that that is to say whereas the same I. such a day yeare and place was possessed of a certaine gold Ring and one precious Stone called a Puffyn set and infixed in the same Ring as of his owne proper Ring And so as in other Actions of Trover The Defendant pleads he bought it in open Market AND the aforesaid G.C. in his proper person comes and defends the force and injury when c. And sayes that the aforesaid I. ought not to have his action aforesaid against him because by protestation that the aforesaid Ring the aforesaid time wherein c. was worth but seven shillings and no more And that the aforesaid I. was not thereof possessed as of his proper goods and chattels in manner and forme as the same I. above against him complaineth For Plea he saith that the City of London is an ancient City of our Lady the Queen and of her Progenitors late Kings of England And that within the same City there is had and from time out of minde there hath been had a certaine publicke and open Market in every open place within the same City weekly every day in the week the Lords day onely excepted for all manner of persons to buy and sell whatsoever matters and merchandizes within the City aforesaid in every part of the same City in all open places and shops of the City aforesaid every day in the week the Lords day onely excepted from the rising of the Sunne to the setting of the same And that long before the said time wherein c. to wit such a day and yeare one R.A. was possessed of the Ring aforesaid at the City of London in the Parish of St. Botolphs in the Ward of Aldersgate London And so being thereof possessed afterwards to wit such a day and yeare at such a place in the Parish and Ward aforesaid that is to say about ten of the clocke before noon of the same day in a certaine open shop there in a certaine place called Little-Britain in the Parish and Ward aforesaid the same Ring then there being sold to him the said G. for seven shillings to him then by the aforesaid G. paid By vertue of which said sale in forme aforesaid made the aforesaid G. was of the Ring aforesaid possessed as of his proper Ring By which he the said G. the Ring aforesaid the time wherein c. to his owne proper use and profit as it was lawfull for him to doe And this he is ready to aver whereupon he prayes judgement whether the aforesaid I. ought to have his action aforesaid against him ANne Lady G. complaines of M. N. in the custody of the Marshall c. for that that is to say Action of the case for scandalizing of a title whereas the same Lady A. such a day and yeare and long before and continually after hitherto was seized in demesne as of Fee of and in the Mannor of S. with the appurtenances in the County of C. whereof a great peece of Land containing a hundred acres called the Warren is and time out of minde was parcell And whereas also the same Lady A.G. and all they whose estate she now hath of and in the Mannor aforesaid with the appurtenances from time out of minde were used to have a free Warren of Conies in the aforesaid hundred acres of Land called the Warren And the aforesaid Lady A. of the Mannor aforesaid and the aforesaid hundred Acres of Land called the Warren being seized as aforesaid had conference with divers persons of and for the sale of the Mannor aforesaid and Warren aforesaid with the appurtenances and thereupon might have had divers great summes of money for the Mannor and Warren aforesaid yet the same M. not ignorant of the premises plotting and contriving her the said Lady A. greatly to disturbe and vexe And to bring into scandall and ignominy the right title and interest of her the said Lady A. of and in the Mannor and Warren aforesaid with the appurtenances such a day yeare and place to very many of the faithfull subjects of our Lady the Queene and chiefly to I.P. Esquire who had conference with the same Lady A. of and for the purchasing of the Mannor and Warren aforesaid with the appurtenances and who then intended to buy the same Mannor and Warren with the appurtenances of the same Lady A. falsely and maliciously spoke pronounced and published that one R.G. then was the true Lord and Proprietor of the third part of the aforesaid hundred acres of Land and Warren aforesaid with the appurtenances And that she the Lady A.G. had no good right state title or interest in the same third part of one hundred Acres of Land and Warren aforesaid Whereas in truth the aforesaid R. G. then was not Lord or Proprietor of the aforesaid third part of the one hundred Acres of Land and Warren aforesaid nor of any parcell thereof but the same Lady A. was and yet is the true and sole Lady and Proprietor of the whole hundred Acres of Land and Warren aforesaid with the appurtenances and thereof sole seized in her demesne as of Fee By reason of which said false speaking asseveration and publication the aforesaid state title and interest of her the said Lady A. in the Mannor and Warren aforesaid with the appurtenances are fallen into great scandal and ignominy And the aforesaid I. P. who would have given for the Mannor and Warren aforesaid with the appurtenances to be purchased from the aforesaid Lady A. two thousand pounds and had offered to purchase the Mannor and Warren aforesaid of the same Lady A. hath thereupon now refused to give any manner of summe for the same to her the said Lady A. and as yet refuseth nor by that meanes can the same Lady A. the same Mannor and Warren aforesaid with the appurtenances nor any parcell thereof be able to sell to any person for
verdict and judgment for 271. l. 13. 5 d. ob dammages and 15 l. 19. s. Costs thereupon recovered Whereof a Fifa issued for the Dammages of the proper Goods and a Casa for the Costs and charges after a Devastavit returned upon a Testatum Fifa H L. complaines of R. D. in the custody of the Marshall Declaration Case by way of deceipt in a bargain c. wherefore whereas he the same H. had such a day yeare and place Covenanted and bargained with the aforesaid R. well and sufficiently to make fabricate and burne for him the said H. 80 thousand of Bricks for a certaine summe of mony that is to say for 8. l. to the aforesaid R. before hand paid and afterwards to be paid And the same R. had promised and assumed upon himselfe the aforesaid 80 thousand of Bricks well and sufficiently to make fabricate and burne and to him the said H. at a certaine day last past to wit such a day c. to deliver yet the aforesaid R. plotting the aforesaid H. craftily and subtilly to deceive and defraud 60 thousand of the Bricks about the time aforesaid he so negligently and improvidently he made fabricated and burnt That the aforesaid 60 thousand of Bricks for want of due making fabricating and burning of them would in no manner be serviceable for the aforesaid H. for the doing of the work and business they were to be employed about by which the businesse and work of him the said H. is much hindred and worsted whereupon he saith that he is damnified and hath damage to the value of 40. l. And thereupon he brings his Suit c. MIdd ss Richard Gresham Knight Citizen and Alderman of London complaines of Thomas Bridges in the custody of the Marshall Action of the Case for scandall of an Alderman of London for saying he was an Extortioner c. c. for that that is to say Whereas he the same R. is a true loyall and faithfull Subject of our Lord the King that now is and as a true loyal and faithfull Subject of our Lord the King without any crime of falsitie deceipt or extortion or of any other hurtfull crime from the time of his Nativity hitherto he hath governed and behaved himselfe And of such unblemished honesty and conversation hath been reputed and taken amongst all the faithfull Subjects of our Lord the King unspotted of any wicked crime of falsity Theft Robbery or Extortion or of any manner of deceipt and so for the whole time aforesaid was reputed As also with the most excellent and mighty Prince King Henry the 8th by the Grace of God c. was so taken and judged And thereupon in diverse weighty and difficult businesses of him the sayd Lord the King was used and employed in and into the Office first of one of the Sheriffs of London aforesaid and next Major of the same Citty by occasion of the premises was chosen and with unanimous free and voluntary consent and friendly election of all the Citizens of the City aforesaid was established and constituted and by force thereof the government tutelage and care of the said City and Common-wealth of the same under our Lord the King as a faithfull Deputy of our Lord the King as Major of that City by a whole yeare from the Feast of the holy Apostles Simon and Jude in such a yeare c. unto that Feast then next following he took upon him and had And by the same whole time that City as a faithfull Deputy of our Lord the King he kept and preserved safe and unhurt As also with all the Nobles Pears and Privy Counsellors of our Lord the King And all the great and eminent Persons of this Realme of our Lord the King and withall other the Subjects of our Lord the King of whatsoever state or condition for the whole time aforesaid as such a true loyall and faithfull Subject as is aforesaid from whatsoever crime of falsity or extortion to any the Subjects of our Lord the King hath been accepted and taken to be unspotted and untouched yet the aforesaid T.W. not ignorant of the premises c. of his own perverse malicious and wicked will plotting him the said R. of such his credit state honesty and reputation falsely maliciously subtilly and wickedly to deprive such a day and yeare those false English words following to the aforesaid R. in the presence and hearing of diverse siege and faithfull Subjects of our Lord the King at W. in the County of Middlesex with great oaths he did speak and pronounce that is to say you are a Powler and an Extortioner And the Country meaning the County of Suffolke is the worse by a thousand pounds for you And this I will prove by reason of which said false scandalous and malicious words he the said R. is not onely very greatly vexed and grieved in his body and by disbursing diverse summes of mony for charges and expences about the prosecution of his Suit in that bbehalfe for the purging of himselfe of the premises is very much damnified But also the same R. into very great distrust and infamy aswell with our Lord the King and his Councell aforesayd as with the Nobles and Pears of this Realm of our Lord the King of England as also with all other the faithfull Subjects of our Lord the King is by that means brought and fallen into To the damage of him the sayd R. 100. l. And thereupon he brings his Suit J Fisher Haberdasher Declaration against one for frequenting Company with another mans Wife unlawfully and dishonestly complains of Richard Washington Gent. of of a Plea of Trespas upon the Case And whereupon the same I. by c. complaines that whereas he the s●me I. F. by the space of ten years and more at London in the Art of a Haberdashers craft and other Arts with his Neighbours and other the liege people of our Lord the King well and lawfully hath used and exercised and by that occasion many great gaines profits and commodities to himselfe thereupon by the time aforesaid hath gotten and obtained And hath been of good name same and estimation as well with all his Neighbours as with divers other faithfull Subjects of our Lord the King taken and reputed By reason whereof many such faithfull Subjects of our Lord the King with the same IF for the time aforesaid before othermen they have had commerce and trading yet R. the aforesaid sufficiently knowing the premises plotting him the said I. as well in his Goods as in his aforesayd good name and estimation to hurt and worst and him the said I. to defraud of all such like gaines and profits which by reason of the exercising of his Art aforesaid by the time aforesaid he got and obtained And him the said I. F. into so great scandall and infamie to bring with all the faithfull Subjects of our Lord the King that the same Subjects of our Lord the King from